DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Medibank Private Limited
(AG2017/611)

MEDIBANK ENTERPRISE AGREEMENT 2016

Banking finance and insurance industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Medibank Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Medibank Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Medibank Private Limited T/A Medibank. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation the CPSU, the Community and Public Sector Union and the Australian Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the case of Medibank Private Limited, the Fair Work Commission was presented with an application for the approval of the Medibank Enterprise Agreement 2016. The application was brought by Medibank, and the dispute centred around the terms and conditions proposed in the agreement, which aimed to govern the employment relationship between Medibank and its employees. The Commission was tasked with determining whether the agreement was fair and reasonable for the employees, and if it met the necessary legal standards for approval.

The central legal issue before the Commission was whether the proposed agreement adequately addressed the various aspects of employee conditions, including wages, hours of work, leave entitlements, and other employment terms. The Commission needed to ensure that the agreement was not only compliant with the Fair Work Act but also balanced the interests of both the employer and the employees. Additionally, the Commission had to consider whether the agreement was negotiated in good faith and whether it provided for the resolution of any future disputes in an efficient and effective manner.

After thorough examination of the evidence and submissions, the Commission determined that the Medibank Enterprise Agreement 2016 was fair and reasonable. The agreement was found to adequately cover the necessary employment terms and was negotiated in good faith. The Commission was satisfied that the proposed conditions were not overly harsh on the employees and provided for a fair balance of interests between the parties. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement.

The final orders of the Commission included the approval of the Medibank Enterprise Agreement 2016, effective from the date of the decision. The agreement was registered, and the terms and conditions set out in the agreement became binding on both the employer and the employees. The decision provided clarity and certainty for both parties, ensuring that the employment relationship was governed by a legally approved agreement.

Medibank Private Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established